Blake Lively, Justin Baldoni 'flirting' video may be smoking gun in legal showdown: expert

Fox News

5 days ago

Video of Blake Lively "flirting" and "joking" with Justin Baldoni on the set of "It Ends With Us" could take center stage at the actress's deposition Thursday.
Baldoni's team will likely work to find "weaknesses" in Lively's accusations, multiple legal experts told Fox News Digital. Judge Lewis Liman ruled Lively's deposition could take place at an undisclosed location of her choosing.
"Baldoni's team wants to get admissions from her about the weaknesses in her case and information to support Baldoni's defenses," employment and defamation law attorney Camron Dowlatshahi explained.
"For example, they will likely do a deep dive into the videos of her joking and flirting with Baldoni and get her to admit that she was doing so, instead of purportedly feeling uncomfortable, as her representation has claimed."
Anything Lively says during her deposition "can and will be used against her," Dowlatshahi emphasized.
"Each of their interactions will be analyzed and questioned, and any misstatement by Lively can and will be used against her. I expect there to be multiple deposition sessions as well and for the Baldoni team to move for additional sessions. So, this will likely be the first of potentially a few depositions."
WATCH: JUSTIN BALDONI RELEASED UNEDITED 'IT ENDS WITH US' FOOTAGE FEATURING BLAKE LIVELY
In December, Lively detailed allegations of sexual harassment, retaliation, intentional affliction of emotional distress, negligence and more against Baldoni and film producer Jamey Heath in a complaint first filed with the California Civil Rights department and later in federal court.
Baldoni, in his own lawsuit filed in January, insisted Lively had "falsely" accused him in an attempt to repair her reputation after the fallout from the movie's press tour after the actress took control of the film. Baldoni's legal team claimed Lively had no evidence of a deliberate smear campaign and had instead worked to repair her reputation by accusing the actor and others of sexual harassment.
Judge Liman dismissed Baldoni's lawsuit against Lively in June.
Lively's deposition was originally scheduled for July 17, but the day before it was set to take place, it was rescheduled for July 31.
Texas-based publicist Jed Wallace, who had been named in Lively's original lawsuit, was dismissed from the case by the judge "without prejudice" earlier this month, according to documents obtained by Fox News Digital.
Lively's legal team had claimed Wallace weaponized "a digital army around the country, including in New York and Los Angeles, to create, seed, manipulate, and advance disparaging content that appeared to be authentic on social media platforms and internet chat forums."
Lively's legal team has also dropped subpoenas against three Youtubers: Kassidy O'Connell, McKenzie Folks and Lauren Neidigh, according to court documents obtained by Fox News Digital.
The deposition in Lively's case against the actor is Baldoni's "one opportunity" to "lock in" the movie star's testimony, according to entertainment lawyer Tre Lovell.
"This is Baldoni's one opportunity to ask Ms. Lively questions under oath, to lock in her testimony, get her to admit things that are helpful to his case and challenge testimony that helps her case. It's also an opportunity to get her to authenticate and lay a foundation for documents and information that Baldoni wishes to introduce at trial. Ms. Lively must be honest and tell the truth as her testimony is under oath.
"Blake Lively may be able to offer information that is helpful to her case that has not yet been discovered. She also has the opportunity to better explain what happened during the filming that supports her claims for sexual harassment or retaliation. She can offer more specifics about Mr. Baldoni's conduct as well as identify other witnesses who may have information."
Baldoni's legal team's focus will be on any "inconsistencies" between Lively's claims during the deposition and her actual lawsuit, former federal prosecutor Neama Rahmani noted.
"Depositions can generally reveal inconsistencies, create impeachment evidence for testimony at trial and uncover facts that support Baldoni's arguments in the lawsuit," Rahmani told Fox News Digital.
"In this case specifically, Baldoni's lawyers want admissions from Lively about decision-making authority under their agreement and who has creative control or communications with third parties that may undermine her sexual harassment claims. Lively's text messages and prior statements may be used to attack her argument that Baldoni created a sexually charged workplace and hostile work environment."
Experts told Fox News Digital Lively likely went through intense preparation by her own lawyers.
"They will explain to her the typical objections lodged by the other side, such as privilege, vagueness, ambiguity and speculation and how those objections can cue her responses," Dowlatshahi said. "By the time she is placed under oath, she will have likely gone through hours of mock questioning from her lawyers. But even with all that preparation, the pressure from competent counsel can be difficult for any deponent."
Lively's legal team would have prepared a mock deposition to teach the "Gossip Girl" star how to "answer questions narrowly" to avoid "volunteering unnecessary information."
"The most important rule in depositions is to answer the question truthfully, but only the question and nothing more," Rahmani told Fox News Digital.